Descriptive Document Provision of Mobile Telecommunication ... · and practical problems arising...

EUROJUST

P.O. Box: 16183 2500 BD The Hague THE NETHERLANDS

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2012/EJ/CD-1

Descriptive Document

Provision of Mobile Telecommunication Services for Eurojust

2012/EJ/CD-1

Issued by

Eurojust

The Hague

The Netherlands

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TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................. 2 SECTION A - INTRODUCTION ................................................................. 3 A.1. WHAT IS EUROJUST? .......................................................................... 3 A.2. WHAT IS PROCUREMENT? ................................................................... 3 A.3. IMPORTANT NOTE .............................................................................. 4 SECTION B - SPECIFIC INFORMATION ON THIS PROCUREMENT PROCEDURE ........................................................................................... 6 B.1. SCOPE OF THE PROCEDURE ................................................................ 6 B.2. PROCEDURE ...................................................................................... 7 B.3. CONTRACT ........................................................................................ 8 B.4. CANDIDATE’S ELIGIBILITY AND CAPACITY: EXCLUSION AND SELECTION CRITERIA................................................................................ 9 B.5. TIMETABLE ...................................................................................... 11 SECTION C – INSTRUCTIONS ON HOW TO APPLY ................................ 13 C.1. CONTENTS OF YOUR APPLICATION .................................................... 13 C.2. LANGUAGE OF YOUR APPLICATION .................................................... 13 C.3. HOW TO PACKAGE YOUR APPLICATION? ............................................. 13 C.4. HOW TO DISPATCH YOUR APPLICATION? ............................................ 14 C.5. CONTACTS BETWEEN EUROJUST AND CANDIDATES ............................. 15 C.6. CAN A CONSORTIUM SUBMIT AN APPLICATION? IS SUBCONTRACTING ALLOWED? ............................................................................................. 16 SECTION D – HOW WILL APPLICATIONS BE EVALUATED? ................... 16 D.1. OPENING ........................................................................................ 16 D.2. APPLICATION EVALUATION ............................................................... 17 SECTION E – JOINT APPLICATIONS SUBMITTED BY CONSORTIA AND SUBCONTRACTING: TERMS AND CONDITIONS ..................................... 17 E.1. JOINT APPLICATIONS SUBMITTED BY CONSORTIA ............................... 17 E.2. SUBCONTRACTING ........................................................................... 19 Annexes: Annex A: Application Form Annex B: Draft Minimum Requirements for Mobile Telephony Services Annex C: Receipt for Hand Delivery

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SECTION A - INTRODUCTION

A.1. WHAT IS EUROJUST?

Eurojust was established in 2002. Its mission is to support and strengthen coordination and cooperation between national authorities in fighting serious cross-border crime that affects the European Union.

Each of the 27 Member States seconds a senior representative to work at Eurojust in The Hague. These representatives are experienced prosecutors, judges or police officers of equivalent competence.

Between them, they carry out Eurojust’s mandate to coordinate national authorities at every stage of criminal investigation and prosecution. They also resolve the challenges and practical problems arising from the differences between the legal systems of the Member States.

National Members are supported by Deputies, Assistants and Seconded National Experts. Where Eurojust has a cooperation agreement with a third State, Liaison Magistrates from that third State may work at Eurojust. Currently, liaison Magistrates from Croatia, Norway and the USA are attached to Eurojust. Recent EU legislation also provides that Eurojust may post Liaison Magistrates to third States.

Eurojust is also home to the secretariats of the European Judicial Network, the Network of contact points for genocide, crimes against humanity and war crimes, and the Network for Joint Investigation Teams.

Eurojust deals with roughly 1400 cases per year. It also holds approximately 140 coordination meetings per year. These meetings bring together national judicial, investigatory and prosecuting authorities from Member States and, where appropriate, third States. At these meetings, casework issues are resolved and plans for operational actions such simultaneous arrests and searches are developed.

ORGANISATION AND STRUCTURE

The College is supported in its day-to-day activities by an administrative organisation composed of several units: Budget, Finance & Procurement, Corporate Services, Human Resources, Information Management, the Legal Service, the Case Analysis Unit, the Secretariat of the European Judicial Network (EJN), the Joint Investigation Teams Network Secretariat (JITS) and the Genocide Network Secretariat. In addition, three dedicated services support the College: Data Protection, Press & PR, and the College Secretariat.

In the near future, Eurojust will continue to grow in terms of volume of activities, administrative functions and number of employees. The expected number of post-holders in Eurojust for 2012 will be approximately 250.

Further information on Eurojust’s activities is available on its website at the address http://www.eurojust.europa.eu.

A.2. WHAT IS PROCUREMENT?

Procurement covers public contracts as well as procurement procedures. Public contracts are defined as purchases by a public authority of a service, goods or works. A

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procurement procedure is the structured way that leads to the conclusion of a public contract.

The purpose is:

(i) to guarantee the widest possible participation of economic operators (referred to as “tenderers”),

(ii) to ensure the transparency of operations, and

(iii) to obtain the desired quality of services, supplies and works at the best possible price.

Offers submitted in the context of a procurement procedure are designated “tenders”. An economic operator who has submitted a tender is designated a “tenderer”.

Eurojust complies with the Financial Regulations applicable to the general budget of the European Communities (Council Regulation 1605/2002) and their Implementing Rules (Commission Regulation 2342/2002). Please note that the Financial Regulations and their Implementing Rules took over the provisions of the Directive 2004/18/EC.

A.3. IMPORTANT NOTE

• Confidentiality

The tenderer - whether or not its tender is accepted - and all other recipients of the documents composing these Tender Specifications - whether or not they submit a tender - shall treat the details of these documents as private and confidential and shall not disclose the details to any party.

All documents submitted by the tenderer shall automatically become the property of Eurojust and are deemed confidential.

• Protection of personal data

Personal data are processed in accordance with the requirements of the rules of procedure on the processing and protection of personal data at Eurojust, as published in OJ No C 68 of 19.3.2005, p. 1. (available on Eurojust website, at the address http://www.eurojust.europa.eu).

• Central Exclusion Database (CED):

The tenderers should be aware that the Central Exclusion Database will be consulted. The tenderers and, if they are legal entities, persons who have powers of representation, decision making or control over them, are informed that, should they be in one of the situations mentioned in:

- the Commission Regulation of 17.12.2008 on the Central Exclusion Database- CED (OJ L, 344, 20.12.2008, p. 12),

their personal details (name, given name if natural person, address, legal form and name and given name of the persons with powers of representation, decision-making or control, if legal person) may be registered in the CED, and communicated to the persons and entities listed in the above-mentioned Regulation, in relation to the award or execution of a procurement contract or grant agreement or decision.

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• Disclaimer

Eurojust reserves the right to accept or reject any tender and to annul the process and reject all tenders at any time prior to the contract signature, without thereby incurring any liability to the affected economic operators.

Eurojust will not be responsible for, or pay for, expenses or losses that may be incurred by the tenderer in the preparation of its tender and/or during the tender evaluation period.

• Where this document refers to ‘tenderer’ it shall be considered as ‘candidate’ at the first stage of the procedure.

• Where this document refers to ‘candidate’ it shall be considered as ‘tenderer’ at the second stage of the procedure

• Where this document refers to ‘candidate’ it shall be considered as ‘contractor’ after signature of the contracts.

• Where this document refers to ‘tenderer’ it shall be considered as ‘contractor’ after signature of the contracts.

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SECTION B - SPECIFIC INFORMATION ON THIS PROCUREMENT PROCEDURE

B.1. SCOPE OF THE PROCEDURE

The scope of the framework contract is the supply of mobile telecommunication services related to access to mobile networks for voice and data traffic and associated services such as the provision of mobile telecommunication products and related services.

The services and supplies will be organised into four sections:

• Basic mobile telephony services;

• Extended mobile telephony services;

• Service levels related to mobile telephony services;

• Products, accessories and related services.

B.1.1 Requirements for services and related supplies

B.1.1.1 Basic mobile telephony services

The candidate must be able to operate voice and data connections to the mobile telephony network with at least GSM, GPRS and 3G and in future its successors, including voicemail and SMS services. At least a 99.8% availability level over a 12 month period is expected for the GSM network.

The candidate must be able to provide mobile telephony services throughout the Netherlands and in all other Member States of the European Union. The widest possible geographical coverage in the rest of the world will be considered as a very positive aspect. The range of wireless received signal power throughout Eurojust’s buildings should be between -60 to -80 dBm. If the signal power is below the expected range Eurojust expects the candidate to propose measures to remedy this.

At present Eurojust has approximately 205 mobile subscriptions of which 22 are Voice only, 27 are Data only and 153 have Blackberry Enterprise Services, 2 have an SMS bundle and 1 has Data added. It is expected that the successful candidate will take over and preserve existing mobile phone numbers and active services.

B.1.1.2 Extended mobile telephony services

The candidate must be able to support GRPS/EDGE/3G data connections for wireless internet and PIM services either on a standalone subscription or added on the voice service. The wireless internet service should allow TCP/IP communication including VPN and VOIP applications.

Eurojust operates its own Blackberry Enterprise Server. The contractor must support BlackBerry services through a BlackBerry Enterprise Server located at Eurojust. In future Eurojust may wish to use alternative brands of smart phones. The contractor would be expected to provide and support alternative brands including related mobile device management tools.

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The candidate should be able to provide consultancy services to advice Eurojust in efficient and effective use of current and future mobile telephony technology and services meeting requirements of a changing corporate environment highly dependent on communication services with high security demands.

B.1.1.3 Services levels related to mobile telephony services

The services and processes including key performance indicators shall be defined in a service level agreement.

Eurojust expects a Service Level Agreement setting the applicable turnaround times, limits and service levels and special agreements to be provided with respect to:

• Order and delivery procedures for devices including repair,

• Activation, mutation and de-activation procedures of connections and SIM cards

• Network coverage, availability and quality service levels

• Maintenance, incident and problem procedures

• Monitoring, reporting and escalation procedures

Additional to the SLA procedures and service levels Eurojust expects general contract management services including at least services with respect to:

• Changing mobile phone provider without service level degradation to the end user

The draft minimum requirements for the services are detailed in Annex B.

B.1.1.4 Products, accessories and related services

The candidate must be able to supply a wide range of products and accessories for mobile telephony including but not limited to standard mobile phones, smart phones, other devices that are able to operate with a mobile telephony network subscription and software licenses to manage devices, fit for a corporate environment. The draft minimum requirements for the standard and smart phone are detailed in Annex B. The supplied products must be without network provider locks or alternatively be unlocked free of charge.

Eurojust expects that the successful candidate offers a fixed discount on their consumer price list per product group for the duration of the contract.

B.2. PROCEDURE

Type of procedure: Competitive Dialogue

This procedure is carried out in two stages:

Stage I:

This is the current stage. The economic operators are requested to express their interest in taking part in the tender (Stage II) by sending a completed and signed application form with the relevant documentary evidence attached in order to prove they meet the exclusion and selection criteria. The applications will be evaluated on the basis of these criteria as defined in the Contract Notice and in this Descriptive Document.

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Candidates who will not be retained at the end of the first stage will be notified thereof after decision is made. Inclusion on the list of selected candidates entails no obligation on the part of Eurojust concerning the award of the contract.

The purpose of this first stage is to identify and shortlist the best candidates capable of completing the project. At this stage of the procedure, only a draft description of the technical requirements is being made available. Only candidates shortlisted at the end of this first stage will be sent the complete Tender Dossier, based on which they will be invited to submit tenders for evaluation in stage II of this procedure.

Dialogue

The purpose of the dialogue is to have dialogue with all short-listed candidates and identify and define the means that will best satisfy the needs of the contracting authority. The candidates will have the opportunity to express their views on the legal and technical aspects of the future contract. The contracting authority will be made aware and able to consider them.

All candidates which are short-listed shall be invited for the dialogue, in writing. After completion of the dialogue they will be invited to tender and will be sent the tender specifications (incl. the technical specifications).

The dialogue shall not lead to any changes in the short-list.

Stage II:

In the second stage of the procedure, the tender, all candidates shortlisted at the outcome of stage I will be invited to submit their tenders on the basis of the complete Tender Dossier provided in the invitation to submit a tender. This invitation to submit a tender will be composed of the Tender Specifications including the full technical specifications and its award criteria against which tenders will be evaluated and the Draft Contract.

The second stage is expected to be launched in Q3 2012.

B.2.1. Division into lots

This procurement procedure is not divided into lots. The candidate must be able to provide all essential services requested.

B.3. CONTRACT

B.3.1. Type of contract and duration

The second stage may result in award of a framework service contract for duration of three (3) years with possible extension up to a maximum period of twelve (12) months, under the same terms and conditions.

Eurojust may, during the three years following the conclusion of the (initial) contract, have recourse to the negotiated procedure without prior publication of a contract notice for additional contracts involving services similar to those assigned to the party awarded this contract by the same contracting authority.

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B.4. CANDIDATE’S ELIGIBILITY AND CAPACITY: EXCLUSION AND SELECTION CRITERIA

B.4.1. Eligibility: exclusion criteria

Candidates shall be excluded from this procurement procedure if:

(a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b) they have been convicted of an offence concerning their professional conduct by a judgement which has the force of res judicata;

(c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

(d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;

(e) they have been the subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities’ financial interests;

(f) they are currently subject to an administrative penalty referred to in Article 96(1) of the Financial Regulation (Council Regulation no 1605/2002).

In addition, a contract shall not be awarded to tenderers who, during the procurement procedure for this contract:

are subject to a conflict of interest;

are guilty of misrepresentation in supplying the information required by Eurojust as a condition of participation in the procurement procedure or fail to supply this information;

find themselves in one of the situations of exclusion referred to in Article 93(1) of the Financial Regulation (Council Regulation no 1605/2002) for this procurement procedure.

Any attempt by a candidate/tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the evaluation committee or Eurojust during the process of examining, clarifying, evaluating and comparing applications/tenders will lead to the rejection of its tender and may result in administrative penalties.

Documents to be provided (regarding the candidate and the all consortium members or sub-contractors (if any) separately):

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The candidate must provide - in original - a declaration on honour drawn up according to the template found in Annex A, dated and duly signed by the legal representative of the candidate.

B.4.2. Capacity: selection criteria

The candidate must have the overall capabilities (technical / professional, economic / financial, legal) to perform the contract. If one of the selection criteria listed below is not positive, the application shall be rejected.

B.4.2.1. Technical and Professional capacity

Selection criteria:

The candidate must have the technical and professional capabilities to provide the required services and supplies or at least to the extent of its respective share of tasks if responding to the Contract Notice as a consortium.

• The candidate must have 3 years experience proven by a brief history of the company and an annual report.

Documents to be provided (regarding the candidate - leader and all the consortium members or sub-contractors (if any) separately):

• a brief history of the company and an annual report.

B.4.2.2. Economic and Financial capacity

Selection criteria:

The candidate must prove that he is in a stable financial position and he has the financial capacity to provide the all the required services and supplies or their share of the services if responding to the Contract Notice as a consortium.


Copies of the balance sheets and economic outturn (profit & loss) statements covering at least the last two years for which accounts have been closed where publication of them is required under the company law of the country in which the economic operator is established. These documents must be produced and/or certified by certified auditors or similar operators or as required by the law of the country where the economic operator is established;

The Financial Capacity Table (item 3 of the Application Form, Annex A) duly filled in and signed by a legal representative of the candidate or its auditors.

In case the candidate is not able to provide the foregoing documents, e.g. if publication of these is not required under the company law of the country in which the economic operator is established etc., other documentation, proving the stable financial position may be acceptable. Such other proof may be a letter/statement by certified auditors confirming the required financial data or the financial stability of the respective economic operator.

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B.4.2.3. Legal capacity

Selection criteria:

The candidate must prove that he is authorised to perform the contract under national law.


copies of the certificate of registration in the relevant trade or professional registers in the country of establishment/incorporation. If the candidate is not required or allowed to register in such a register for reasons related to its statute or legal status, Eurojust shall accept, as satisfactory evidence, a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register.

B.4.3. Important note

The abovementioned documentation concerning exclusion and selection criteria (Sections B.4.1 and B.4.2) must specifically relate to the candidate, i.e. to the economic operator or grouping of economic operators submitting an application.

In case of a joint offer submitted by a consortium, the candidate shall provide the information and documentation listed in Section E.1.2, in compliance with the terms and conditions specified in Section E.1.

In case of subcontracting, the candidate shall provide the information and documentation listed in Section E.2.2, in compliance with the terms and conditions specified in Section E.2.

N.B. The candidate must have already set up his structure as a candidate, i.e. whether the candidate will be a single economic operator or whether the candidate will be a grouping - consortium (identifying the leader and the members), and any intended sub-contractors.

B.5. TIMETABLE Milestone Deadline (*) Notes

Deadline for sending requests for clarifications

01/06/2012

at 14 hrs CET

The modalities for sending requests for additional clarifications are specified in Section C.5.

Deadline for answering the requests for clarifications

07/06/2012

The modalities for sending additional clarifications are specified in Section C.5.

Deadline for dispatching applications

14/06/2012

at 14.00 CET

The modalities for preparing and dispatching applications are specified in Section C.

First meeting of the evaluation committee

Within 1 week following the

Estimated

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Milestone Deadline (*) Notes

deadline

Notification of the outcome of the evaluation to the successful and unsuccessful candidates

Within 1 week

after the short-list decision is signed

Estimated

Dialogue 01/07/2012 – 15/08/2012

Estimated

Invitation for participation in tender Q3 2012 Estimated

(*) Deadline: All times are expressed in the local time in The Netherlands

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SECTION C – INSTRUCTIONS ON HOW TO APPLY

C.1. CONTENTS OF YOUR APPLICATION

(i) Application Form (Annex A) completed and signed.

(ii) Information and documentation about the candidate’s eligibility and capacity including:

• Declaration on the candidate’s eligibility using the template found in Annex A in original;

• All documentation on the candidate’s capacity as specified in Section B.4.2. Copies of original certificates/documents issued by an official authority in the country of origin or provenance may be accepted.

• If applicable, information and documentation on members of consortia and subcontractors as specified in Section B.4 and Section E.

To ensure that all documentation required for this procurement procedure is provided, a checklist is attached in the end of this document.

C.2. LANGUAGE OF YOUR APPLICATION

Applications must be submitted in one of the official languages of the European Union. Since Eurojust’s working language is English, Eurojust would highly appreciate to receive applications written in English.

C.3. HOW TO PACKAGE YOUR APPLICATION?

Applications must be submitted in a sealed envelope in order to guarantee the confidentiality and integrity of data.

The envelope shall be sealed and carry the following information:

Procedure Ref. No. 2012/EJ/CD-1

Title: Provision of Mobile Telecommunication Services for Eurojust

APPLICATION – NOT TO BE OPENED BY THE INTERNAL MAIL DEPARTMENT

Name of the Candidate: ------------------------------------------------------------

Address of the Candidate: ------------------------------------------------------------

------------------------------------------------------------

------------------------------------------------------------

• The Application should be submitted in one original (clearly marked as `Original’) and three copies (each marked as `Copy’), also applicable to the documentary proof related to the candidate’s eligibility and capacity, as described.

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C.4. HOW TO DISPATCH YOUR APPLICATION?

The candidates shall dispatch their applications not later than the date and time indicated in Section B.5.

The candidates may choose to dispatch their applications by registered mail, courier service or hand delivery, to the following addresses:

• By registered mail to:

Eurojust - Procurement Office

PO Box 16183

2500 BD The Hague

The Netherlands

• By hand delivery or courier service to:


Maanweg 174 (Mail reception at Regulusweg – Post 6)1

2516 AB The Hague

The Netherlands

Applications sent by other means (e.g. by e-mail or fax) or dispatched later than the deadline indicated in Section B.5 will be rejected.

N.B. The candidate shall note that in case of applications dispatched through registered mail or courier service, if the proof of dispatch is duly provided to Eurojust as explained in Section C.4.1 below, applications will be accepted even if – due to unexpected delays – they arrive after the date of the opening session.

If no proof of dispatch is provided to Eurojust AND the applications arrive after the deadline, applications will be rejected.

C.4.1. Important note: proof of dispatch

C.4.1.1. Registered mail and courier service

The candidate shall dispatch its application to the postal or courier service by the deadline indicated in Section B.5 at the latest.

As a proof of dispatch, date and time of dispatch shall be clearly indicated in the outer envelope of the application.

In addition, the candidate shall obtain a receipt of delivery issued by the postal or courier service clearly indicating the date and time of dispatch. Within 24 hours from the deadline indicated in Section B.5, the candidate must send a copy of this receipt to Eurojust by e-mail ([email protected]) or by fax (+31 70 412 5585), specifying the title and reference number of this procurement procedure, together with the name, e-mail address and telephone number of the candidate.

1 Opening hours: from Monday to Friday from 09.00 to 17.00, except on Eurojust official holidays (9 May 2012, 17&18 May 2012, 28 May 2012, 15 August 2012, 1&2 November 2012, 24-31 December 2012).

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C.4.1.2. Hand delivery

The candidate shall hand in its application to the Eurojust official taking delivery by the deadline indicated in Section B.5 at the latest.

As a proof of dispatch, the candidate shall request a receipt, signed and dated by the Eurojust official taking delivery, clearly indicating the date and time when the Eurojust official took delivery of the application. Please refer to Annex B.

In order to ensure punctual hand delivery, the candidate is strongly advised to take into account the time needed for security checks when entering the Eurojust building and for the actual handover of its application to the Eurojust official in charge of taking delivery. Eurojust may not be held liable for any delays incurred by the candidate when in Eurojust’s premises; the candidate alone is responsible for ensuring that its application is delivered on time.

C.5. CONTACTS BETWEEN EUROJUST AND CANDIDATES

Contacts between Eurojust and the candidate may only take place in exceptional circumstances, under the following conditions:

C.5.1. Before the deadline for dispatching applications

C.5.1.1. Requests for clarifications

Should the candidate discover any discrepancies in the Descriptive Document or be in any doubt as to their meaning, the candidate should notify Eurojust.

The candidate may also request additional information and/or clarifications on the procurement procedure, the Descriptive Document or the nature of the contract.

Such requests shall be made in writing only; no telephone queries will be accepted.

The requests shall indicate the procedure reference number and title, and shall be sent by e-mail, fax or mail to:


PO Box 16183

2500 BD The Hague, The Netherlands

Fax: +31 70 412 5585

E-mail: [email protected]

All queries shall be sent to Eurojust no later than the deadline indicated in Section B.5. Candidates shall note that Eurojust is not bound to reply to requests for additional clarifications made less than 5 working days before the deadline for dispatching applications.

The answers to any such queries shall be published at the following address: http://www.eurojust.europa.eu/procurement/Pages/ongoing-calls-tender.aspx (where the Descriptive Document and the Contract Notice would have already been published).

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C.5.1.2. Amendment of the Descriptive Document

At any time prior to the deadline for dispatching applications, Eurojust may modify the Descriptive Document by amendment.

In order to allow applicants reasonable time in which to take the amendment into account in preparing their applications, Eurojust, at its discretion, may extend the deadline for dispatching applications.

N.B. The information concerning clarifications and/or amendments of the application documentation and Descriptive Document will be made available electronically on the Eurojust web site (http://www.eurojust.europa.eu/procurement/Pages/ongoing-calls-tender.aspx ) no later than 6 days before the deadline for dispatching application.

Eurojust web site will be updated regularly. It is the candidate’s responsibility to check for updates and modifications during the applying period.

Clarifications and/or amendments will be regarded as an integral part of the procedure documentation.

C.5.2. After the deadline for dispatching applications

If, after the deadline for dispatching applications, a clarification is needed by Eurojust or if obvious clerical errors in the application need to be corrected, Eurojust may contact the candidate, although such contacts may not lead to any alterations of the terms of the submitted application.

C.6. CAN A CONSORTIUM SUBMIT AN APPLICATION? IS SUBCONTRACTING ALLOWED?

Consortia of economic operators are authorised to submit applications in compliance with the terms and conditions specified in Section E.1.

The candidate may subcontract the tasks specified in Section B.1 to other economic operators in compliance with the terms and conditions for subcontracting specified in Section E.2.

SECTION D – HOW WILL APPLICATIONS BE EVALUATED?

D.1. OPENING

No public opening.

The applications received will be checked for compliance with the following formal requirements:

1. dispatch before the dispatch deadline indicated in Section B.5,

2. the envelope containing the application is sealed, in order to guarantee the confidentiality and integrity of data,



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3. the application contains information and documentation on the candidate’s eligibility and capacity,

4. the application is duly signed,

5. the application is submitted in original and the number of copies required in Section C.3.

If applications are not compliant with requirement no. 1 they will be rejected.

D.2. APPLICATION EVALUATION

The applications will be evaluated for compliance with the eligibility criteria and selection criteria.

N.B. The evaluation procedure is confidential. The deliberations of the evaluation committee are held in closed session and its recommendations are collective. The members of the evaluation committee are bound to secrecy.

SECTION E – JOINT APPLICATIONS SUBMITTED BY CONSORTIA AND SUBCONTRACTING: TERMS AND CONDITIONS

E.1. JOINT APPLICATIONS SUBMITTED BY CONSORTIA

E.1.1. Introduction

Groups of economic operators (consortia) are authorised to submit applications. In this case, each member of the consortium shall fulfil the requirements and accept the terms and conditions set out in the Contract Notice and this Descriptive Document, the Tender Specifications, the Model Contract as well as all the relevant annexes.

The members of the consortium shall designate one member as Consortium Leader with full authority to bind the consortium and each of its members. The Consortium Leader shall act as a single point of contact with Eurojust in connection with the present procurement procedure.

Eurojust may not demand that consortia must have a given legal form in order to be allowed to submit an application or tender. However, the consortium selected may be required to adopt a given legal form after it has been awarded the contract and before the contract is signed, if this change is necessary to the proper performance of the contract.

E.1.2. Documentation / information to be provided

In the section of the application related to the candidate’s eligibility and corporate capability the consortium shall clearly specify the role and tasks of each member of the consortium.

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In addition, each member of the consortium must provide the following documentation:

Documentation related to its eligibility, as specified in Section B.4.1;

Documentation related to its legal capacity, as specified in Section B.4.2;

Documentation related to its economic and financial capacity, as specified in Section B.4.2;

Documentation related to its technical and professional capacity (documentation to be provided by each member of the consortium to the extent of its respective share of tasks), as specified in Section B.4.2.

E.1.3. Evaluation

Joint offers submitted by consortia will be assessed as follows:

The exclusion criteria (Section B.4.1) and the selection criteria for the legal capacity (Section B.4.2) will be assessed in relation to each member of the consortium individually;

The selection criteria for the economic and financial capacity (Section B.4.2) will be assessed as follows:

- For criteria set as minimum viability standards on financial and economic standing (e.g. by means of appropriate statements from banks or balance sheets), an individual evaluation will be made considering each member’s share of the services;

- For criteria that are deemed to be achieved above a certain level (e.g. overall turnover or turnover with respect to the specific procedure), a consolidated assessment – all members of the consortium together – will be made;

The selection criteria for the technical and professional capacity (Section B.4.2) will be assessed in relation to the combined capacities of all members of the consortium, as a whole;

Since all members of the consortium are jointly and severally liable towards Eurojust for the performance of the contract, statements included in the joint offer saying, for instance:

- that each member of the consortium will be responsible only for a specific part of the contract, or

- that a separate contract should be signed with each member of the consortium if the joint offer is successful,

are incompatible with the principle of joint and several liability.

Eurojust will disregard any such statement contained in a joint offer, and it reserves the right to reject such offers without further evaluation, on the grounds that they do not comply with the Specifications.

N.B. If a member of the consortium is subject to exclusion and the rest of the consortium still fulfils all the selection criteria without the excluded member, the application shall be accepted without the excluded member. If a member of the

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consortium is subject to exclusion and the rest of the consortium does not fulfil all the selection criteria without the excluded member, the application shall be rejected.

E.2. SUBCONTRACTING

E.2.1. Introduction

The candidate may subcontract the tasks specified in Section B.1 [Scope] to other economic operators, as long as the supplies and/or services are provided in accordance with the Tender Specifications and have no impact on the prices proposed in its financial proposal.

E.2.2. Documentation / information to be provided

If the candidate intends to subcontract tasks specified in Section B.1 to other economic operators, and the subcontractor(s) is/are already identified, the candidate shall provide the following documentation for each subcontractor:

A letter of intent, stating the intention of the subcontractor to collaborate with the candidate if the he is awarded the contract, and the extent of the resources it will place at the candidate’s disposal for the performance of the contract;

Documentation related to the eligibility of the subcontractor, as specified in Section B.4.1;

Documentation related to the legal capacity of the subcontractor, as specified in Section B.4.2;

Documentation related to the economic and financial capacity of the subcontractor, as specified in Section B.4.2;

Documentation related to the technical and professional capacity of the subcontractor (documentation to be provided to the extent of the activities that will be subcontracted), as specified in Section B.4.2.

If the identity of the sub-contractor is not known at the time of submitting the application and later – the tender, the tenderer who is awarded the contract will have to seek Eurojust’s prior written authorisation before entering into a sub-contract.

Where no sub-contractor is given, the work will be assumed to be carried out directly by the candidate/tenderer.

E.2.3. Evaluation

In case of subcontracting, the application will be assessed as follows:

(if applicable) the exclusion criteria (Section B.4.1) and the selection criteria for the legal capacity (Section B.4.2) will be assessed in relation to each proposed subcontractor individually;

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(if applicable) the selection criteria for the economic and financial capacity (Section B.4.2) will be assessed as follows:

– For criteria set as minimum viability standards on financial and economic standing (e.g. by means of appropriate statements from banks or balance sheets), an individual evaluation will be made considering the sub-contractor’s share of the services;

(if applicable) the selection criteria for the technical and professional capacity (Section B.4.2) will be assessed in relation to the combined capacities of the candidate and the subcontractor(s), as a whole, depending on the extent to which the subcontractor(s) will put their resources at the disposal of the candidate for the performance of the contract;

N.B. If the subcontractor is subject to exclusion and the candidate fulfils all the selection criteria without the excluded subcontractor the application shall be accepted but without the subcontractor. If the subcontractor is subject to exclusion and the candidate does not fulfil all the selection criteria without the excluded subcontractor, the application shall be rejected.

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Check list

To be checked BEFORE dispatching the application I. The application must be dispatched BEFORE the dispatch deadline indicated in Section B.5 of this Document.

II. The application must be submitted in a sealed envelope/box.

III. The outer packaging must:

Be sealed with adhesive tape and sign across the seal in order to guarantee the confidentiality and integrity of data.

Carry the following information:

Procedure Ref. No. 2012/EJ/CD-1

Title: Provision of Mobile Telecommunication Services for Eurojust

APPLICATION – NOT TO BE OPENED BY INTERNAL MAIL DEPARTMENT

Name of the Candidate: --------------------------------------------------------

Address of the Candidate: --------------------------------------------------------

----------------------------------------------------------

----------------------------------------------------------

IV. The Application must contain :

1 original (clearly marked as “Original”) and 3 copies (each marked as “Copy”) of the following documents:

• Application Form (Annex A) dully filled in and signed;

• Declaration on the candidate’s eligibility using the template found in Annex A in original;

• A brief history of the company and an annual report;

• Copies of the balance sheets and economic outturn (profit & loss) statements covering at least the last two years for which accounts have been closed where publication of them is required under the company law of the country in which the economic operator is established. These documents must be produced and/or certified by certified auditors or similar operators or as required by the law of the country where the economic operator is established;

• copies of the certificate of registration in the relevant trade or professional registers in the country of establishment/incorporation. If the candidate is not required or allowed to register in such a register for reasons related to its statute or legal status, Eurojust shall accept, as satisfactory evidence, a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register.

Date post:	09-Jul-2020
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